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>AN  V, 


HE  RELIGIOUS  QUESTION 
IN  MEXICO 


■-'v7^,^^^^ 


THE  RELIGIOUS  QUESTION 
IN  MEXICO 


BY 

LUIS    CABRERA 

Secretary  of  Finance  ef  the  Mexican  Goverment 


LAS    NOVEDADES 

225    W.    39th    St..     NEW     YORK 
1915 


i^/- 


Luis  Cabrera 

Secretary  of  Finance  of  the  Mexican  Government 


THE    RELIGIOUS    QUESTION 
IN    MEXICO 


The  question  of  the  Cliui-cli  in  Mi^xico  has  not  been  well  un- 
derstood in  the  United  States,  l)eeause  the  conditions  of  the 
Mexican  Catholic  Church  differ  vastly  from  those  of  the  Cath- 
olic Church  in  the  United  States. 

In  Mexico,  ninety-nine  per  cent  of  the  population  profess  the 
Roman  Catliolic  faith,  and,  therefore,  the  influence  of  the  Cath- 
olic clergy  in  religious  matters  has  no  counterbalance  of  any  sort. 

In  the  United  States  there  are  other  Churches  which  coun- 
ter})alance  the  influence  of  the  Catholic  Church.  On  the  other 
hand,  the  Catholic  Church  in  the  I'nited  States  does  not  hold 
unlimited  sway  over  society,  nor  can  it  attain  uncontrollable 
political  power;  the  very  education  of  the  American  people  has 
prevented  Konic  from  exercisiUg  so  far  the  influence  which  it 
exercises  in  other  count  lies. 

rTTc^ore  the  war  of  the  Reform  (1856  to  1859),  the  Catholic 
Church  was  the  strongest  temporal  powei'  existing  in  Mexico, 
and  the  laws  of  the  Reform  enacted  during  that  period  all  tended 
to  deprive  the  Cliurch  of  its  powei-  and  bring  about  the  al^solute 
independence  of  Church  and  State. 

The  laAvs  of  the  Reform  are  a  collection  of  rules  passed  previ- 
ous to  1860,  with  the  aim  of  depriving  the  Catholic  Church  of  its 
temporal  power;  and  these  rules  have  remained  effective,  be- 
cause the  conditions  which  then  demanded  their  enactment  still 
prevail  and  still  make  it  necessary  that  the  laws  should  remain 
in  force. 

The  aim  of  the  Revolution  of  Ayutla,  from  1856  to  1859,  was 
to  deprive  the  Church  of  economic  power  and  of  its  social  in- 
fluence, and  it  had  to  place  the<,Church  in  a  condition  which, 
apparently,  is  disadvantageous  and  unjust,  but  which  in  reality 
was  and  continues  to  be  the  only  possible  manner  of  reducing  the 
Catholic  clergy  to  impotence.] 

The  principal  laws  enacted  previous  to  1860,  for  governing 
the  Church  and  stripping  it  of  the  temporal  power  which  it 
enjoyed,  are  the  following: 

(a)  Separation  of  the  Church  and  State. 

(b)  Incapacity  of  the  Church  to  possess  landed  property. 

/  324131 


((')     A))(>:iiioii  of  comonty. 

These  laws,  which  are  called  laws  of  the  Reform,  were  estah- 
lished  ill  Mexico  after  a  re^  ohitioii  which  may  be  considered  the 
most  bloody  that  Mexico  has  cvei-  witnessed — a  revolution  which 
affect<'d  the  coimti-y  moi'*^  d(M'j)ly  than  even  the  present  revolu- 
tion is  doini;-.  The  clergy  defended  themselves  desperately 
against  the  laws  which  stripped  them  of  power,  and  on  finding 
themselves  defeated,  they  resorted  in  18G()  to  the  intervention 
of  foreign  Powers  (Spain,  France  and  England),  which  attempt- 
ed to  intervene  with  the  pretext  of  the  fultilment  of  the  tlnancial 
.obligations  of  the  Juarez  Government. 

The  treason  of  the  Clerical  party  had  as  a  result  French  in- 
tervention only,  but  the  laws  of  the  Reform  enacted  against  the 
olergy  were  of  such  importance  and  so  necessary,  that  the  Em- 
])ero]*  Maximilian  hims(^lf  did  not  dare  to  undo  what  had  been 
lione  in  the  time  of  .luai'ez. 

The  French  troops  l)eing  witlidi'awii  and  llie  Constitutionalist 
Oovernment  of  Mexico  reestablished,  the  laws  of  the  Reform 
were  not  only  maintained,  but  in  1874  they  were  incorporated 
in  the  political  Constitution. 

At  the  present  time,  there  are  precepts  contained  in  the  Mexi- 
can Constituion  which  correspond  to  those  laws  of  the  Reform, 
and,  according  to  that  Constitution,  all  the  laws  and  all  the  au- 
thorities of  the  country  must  enforce  the  fulfilment  of  those  laws. 
It  l)ecomes  necessary  at  this  moment  to  distinguish  between 
the  real  aims  of  the  Constitutionalist  Government  regarding  the 
religious  question,  and  that  jjai't  of  the  actual  happenings  which 
is  mei'ely  a  deplorable  consequence  of  the  attitude  assumed  by 
the  Catholic  clergy  since  1910  against  the  revolutionary  move- 
nK'ut. 

The  aim  of  the  Constitutionalist  Government,  with  regard  to 
the  Mexican  Catholic  Church,  is  to  enforce  the  strict  observance 
of  the  lav/s  known  as  laws  of  the  Reform,  which  up  to  the  present 
time  have  been  disregarded.  The  Constitutionalist  Government 
demands  the  fulfilment  of  these  laws,  because  they  form  an  in- 
tegral part  of  the  Mexican  Constitution.  These  laws  must  be 
maintained  because  the  causes  which  demanded  their  enactment 
are  still  prevalent  in  the  country. 

A  brief  Miialysis  of  the  princi])al  laws  of  the  Reform  will 
fui'ther  clear  u])  the  matter. 

THE  SEPARATION  OF  THE  CHURCH  AND  STATE. 

According  to  the  Mexicaii  Constitution,  there  nmst  be  abso- 
lute separation  between  the  Church  and  State.  This  signifies 
that  tlie  Church  is  to  lack  all  temporal  power  and  that,  as  an 

—  G  — 


organized  institution,  it  is  not  to  participate  in  the  political  af- 
fairs of  tlie  conntry. 

It  lias  never  ))een  intended  to  deny  Mexican  Catholics  either 
the  exercise  of  their  religion,  or  their  right  to  take  part  in  the 
political  affairs  of  Mexico.  We  Constitutionalists  are  Catho- 
lics; the  Villistas  are  Catholics;  the  Zapatistas  are  Catholics. 
Ninety-nine  per  cent,  of  the  Mexican  population  is  Catholic,  and, 
therefore,  the  Constitutionalist  party  could  not  in  the  present 
struggle  attempt  to  deprive  the  Catholics,  who  form  the  totality 
of  the  Mexican  jx'ople,  of  their  right  to  profess  their  religion, 
or  of  their  right  to  take  part  in  i:>olitical  questions. 

The  Catholic  clergy  and  the  Church  in  general  abstained  for 
a  long  time  from  interference  in  the  political  ;oro))lems  of  Mex- 
ico. During  the  time  of  General  Diaz,  the  Catholic  clergy  made 
no  attempt  to  organize  themselves  for  political  campaigns,  but 
appeared  to  maintain  themselves  in  strict  obedience  to  the  law, 
in  the  belief,  perhaps,  that  they  could'  avail  themselves  of  other 
indirect  proceedings  foi*  exercising  their  influence  in  the  political 
affairs  of  the  country. 

On  the  retirement  of  General  Diaz  from  the  Government,  and 
on  Francisco  de  la  Barra's  accession  to  the  Presidency,  the 
Catholic  clergy  of  Mexico  believed  the  moment  had  arrived  to 
organize  themselves  for  the  political  struggle,  and  to  that  effect 
a  political  group  was  formed,  under  the  patronage  of  the  Catho- 
lic clergy,  made  up  chiefly  of  l)ig  land-owners.  This  group  took 
the  name  of  "Catholic  Party",  with  deliberate  intention  of 
taking  advantage  of  the  religious  sentiments  of  the  population 
to  induce  it  to  vote  in  conformity  with  their  directions.  The 
Catholic  clergy  started  to  make  propaganda  in  favor  of  the 
Catholic  party,  first  in  a  discreet  manner ,  bringing  moral 
preassure  to  beai'  upon  the  ignorant  masses,  who  were  unal)le  to 
discern  clearly  where  their  duties  as  Catholics  ceased,  and  where 
began  their  rights  as  citizens 

The  Catholic  party  is,  in  a  nutslu^ll,  the  political  organization 
of  the  Catholic  Church  of  Mexico.  This  single  fact  constitutes 
a  peril  for  democratic  institutions,  and  was  naturally  bound  to 
be  looked  upon  with  great  disfavor  In-  the  anti-reelectionist 
party,  first,  and  later  by  the  Constitutionalist  party. 

At  the  time  that  de  la  Barra  was  President,  the  Catholic  party 
attempted  to  rob  the  Bevolution  of  the  fruits  of  its  ti'iumph, 
designating  <le  la  Barra  as  its  candidate  foi-  the  Presidency 
of  the  Republic.  The  consideral)le  prestige  which  Madero  en- 
joyed at  that  time  frustrated  this  attempt  of  the  Catholic  party, 
which  had  to  limit  its  pretensions  to  the  Vice-Presidency  of  the 


RepuMic,  i-('s'u;niii,i;-  itself  to  liave  as  President,  Madero,  a  man 
sprung  i'loiii  the  Iicvolutioii;  and  as  N^ice-President,  de  la  Barra, 
a  man  ])('rr('(*tly  well  known  as  being  ol*  the  ancient  regime  and 
and  tlie  ])rin('ipal  leader  of  tlie  Catliolic  ]]arty. 

In  the  elections  of  Octohei",  1911,  the  formula  of  the  \)V0- 
gressi\('  Constitutionalist  paity  trinniplied  over  the  Madero-de 
la  BaiM-a  foiimda,  which  was  that  of  tln^  ])arty  of  the  principal 
enemies;  of  tlie  Catholic  Govei'nnient ;  hut  from  that  moment 
that  of  the  enemies  of  the  Govei-nment  of  Francisco  I.  Maihu-o. 

In  the  elections  for  deputies  and  senators  of  1912,  the  Catho- 
lic party  succeeded  in  obtaining  a  considerable  number  of  depu- 
ties, amounting  to  almost  thirty  per  cent,  of  the  Lower  Tfouse; 
Nvhilst  the  Senate,  which  was  almost  completely  made  up  of 
Porfirista  elements,  was  only  renewed  ])y  half  and  scarcely  ob- 
tained_ejght  or  ten  senators  as  followers  of  the  new  regime. 

The  Catholic  clergy  of  Mexico,  directly  and  through  the  in- 
te]-mission  of  the  Catholic  l^arty,  were  one  of  the  principal  fact- 
ors in  the  downfall  of  Madero,  and  although  perhaps  Hu(M-ta 
was  not  the  candidate  designated  to  replace  him,  the  fact  is  that 
the  Clerical  chief,  de  la  Barra,  foi'uied  part  of  the  Cabinet  which 
^^--Jiiiiolved  upon  the  murder  of  ]\[adero  and  Pino  Suarez. 

Subse()uently,  the  party  ol)tained  important  posts  for  its  prin- 
cipal leaders  in  the  Government  of  Huerta,  and  finall\'  supported 
the  candidacy  of  Federico  Gamboa. 

It  is  unnecessary  to  enter  into  details  regarding  the  decided 
assistance  lent  socially  by  the  clergy,  and  the  political  support 
given  by  the  Catholic  party,  to  Huerta,  with  both  their  men 
and  money.  But  the  princi])al  assistance  given  by  the  Catholic 
chM-gy  to  the  GoveFuiiient  of  Huerta  was  contained  in  the  efforts 
made  by  their  principal  dignitaries  and  other  members  of  the 
high  clergy  to  create  an  opinion,  if  not  favorable  to  Huerta,  at 
least  very  unfavorable  to  Constitutionalists. 

'I'his  end  was  accomplished,  not  through  the  individual  means 
that  any  citizen  is  at  liberty  to  place  at  the  disposal  of  a  political 
pai'ty,  l)ut  by  taking  advantage  of  the  religious  influence  exer- 
<'ised  by  the  Catholic  clergy  over  the  faithful,  from  the  pulpit 
and  in  the  confessional. 

During  the  war  against  Huerta,  one  of  the  things  which  most 
greatly  surprised  the  Constitutionalists  was  the  extremely  hos- 
tile and  unjust  opinion  encountered  by  them  in  each  of  the  towns 
which  they  came  to  occupy.    It  was  in  the  nature  of  a  paradox. 

The  strongest  armed  resistance  that  the  Constitutionalist  par- 

,     ty  encountered  in  the  cities,  in  the  form  of  social  defence,  was 

not  an  opposition  caused  by  the  sympathy  which  the  residents 

of  the  cities  might  have  experienced  in  favor  of  Huerta,  but  was 

,      "  -8- 


originated  in  the  antipathy  which  had  been  created  against  the 
Constitutionalist  forces,  whom  the  Catholic  clergy  on  all  occa- 
sions represented  as  bandits  who  were  intent  on  seizing  the 
towns  solely  for  pni'poses  of  plunder,  theft,  violation  of  women, 
and  murder.  This  opinion  had  its  source  in  sermons,  in  the 
confessionals,  and  in  an  extensive  correspondence,  proofs  of 
which  have  been  secured,,--'- 

The  work  done  l)y  tiTe  clergy  in  creating  an  opinion  antago- 
nistic to  the  Constitutionalist  troops  explains,  if  it  cannot  justi- 
fy, many  of  the  acts  of  aggression,  and  even  attemiDts  of  Consti- 
tutionalist soldiers  against  members  of  the  Catholic  clergy. 

Since  the  triumph  of  the  Revolution,  there  has  been  on  the 
jmvt  of  the  Constitutionalist  Government  no  other  aim  with 
regard  to  the  clei'gy  than  that  of  restricting  them  within  the 
limits  of  their  faculties  and  of  their  spiritual  mission,  that  of 
making  effective  the  separation  of  the  Church  and  the  State, 
and  of  keeping  the  clergy  from  taking  any  participation,  as  a 
religious  institution,  in  our  political  questions.  But  a  political 
struggle  having  developed,  it  is  natural  that  the  military  groups 
should  experience  strong  displeasure,  especially  on  laboring  un- 
der the  effects  of  the  clerical  propaganda  against  the  Revolu- 
tion, and  that,  instead  of  limiting  themselves  to  restrain  th(^ 
clergy  within  due  bounds,  they  should  overstep  this  limitation 
and  even,  on  some  occasions,  attempt  to  interfere  in  matters  of 
a  purely  religious  character.  The  restriction  of  religious  serv- 
ices in  some  places  and  the  destruction  of  the  confessionals  are 
instances  of  this.  The  destruction  of  confessionals  has  been  the  . 
most  ostensible  manifestation  of  the  ill  will  with  which  the  re-^i 
volutionary  troops  have  regarded  the  use  that  the  Catholic 
clergy  have  made  of  the  sacrament  of  confession  as  a  weapon 
of  political  strife.  \ 

If  the  Catholic  clergy  had  maintained  themselves  within  their  \ 
religious  attributes,  without  interfering  in  the-  struggle,  and,  i 
what  is  more,  if  they  had  not  put  in  action  the  advantages  which 
they  derive  from  their  capacity  of  intellectual  directors  of  the 
masses,  the  counter-effects  on  the  part  of  the  Revolutionary 
troops  would  not  have  occurred. 

It  is  unnecessary  to  repeat  that  the  Constitutionalist  Govern- 
ment itself  has  never  pretended  to  interfere  in  religious  mat- 
ters, or  to  restrain  in  any  manner  the  religious  liberty  of  the 
Mexican  people.  The  Constitutionalist  Government  does  not 
propose  to  establish  laws  which  affect  religion,  nor  does  it  in 
any  way  propose  to  restrict  religious  practices. 

The  course  of  action  followed  by  the  Constitutionalist  Gov- 
ernment justifies  this  statement,  since,  owing  to  the  influence 

—  9  — 


of  tlie  First  C'liiet'  of  the  Revolution,  Veiiustiaiio  Carraiiza,  the 
inilitai-y  acts  wliich  were  considered  restrictive  of  religious  lib- 
ei-ty  have  been  diminishing  in  nunihei'  and  in  gravity. 

PROPERTIES  OF  THE  CHURCH. 

The  Mexican  Constitution  and  the  hnvs  of  the  lieforni  (h^cr- 
mine  that  neither  the  Catholic  Church  noi'  any  other  religious 
corpoi'ation,  regardless  of  ('haract(M-,  denomination,  duration  or 
object,  can  own  landed  pi'operty. 

The  reason  for  this  ordinance  is  that  the  Catholic  clergy  con- 
stituted, previous  to  1856,  the  strongest  economic  power  exist- 
ing in  the  country. 

In  1856,  an  attempt  was  made  to  disentail  the  properties  of 
the  clergy,  that  is,  to  destroy  the  mortmain,  compelling  the 
clergy  to  alienate  theii-  landed  property.  This  was  the  tendency 
of  the  laws  of  disentailment. 

The  clergy  vigorously  resisted  this  law,  l)elieving  that  their 
economic  power  was  thus  considerably  reduced,  and  with  this 
motive  started  the  struggle  called  the  War  of  the  Reform  or 
Three  Years '  War. 

The  laws  of  1856  did  not  expropriate  the  clergy,  but  in  view 
of  the  latters'  completely  rebellious  attitude,  in  1859  Benito  Jua- 
rez issued  in  Vera  Cruz  a  law  called  "Nationalization  of  the 
Lands  of  the  Clergy,"  by  which  was  expropriated  all  th  landed 
property  of  the  Catholic  clergy  who  had  resisted  and  struggled 
against  the  disentailment  of  these  lands. 

In  virtue  of  this  law,  the  temples  became  national  property, 
the  titles  of  ownership  remaining  in  the  hands  of  the  State,  but 
the  usufruct  of  the  same  being  reserved  to  the  Catholic  Church. 
As  to  the  clergy's  landed  property  and  real  estate  investments, 
tli£se  were  turned  over  to  the  nation  and  awarded  to  individuals. 
'.The  vital  point  of  the  laws  of  the  Reform  regarding  the  Catho- 
lic clergy  lies  in. the  declaration  of  civil  incapacity  of  religious 
corporations  to  own  lands.  This  measure,  though  it  may  ap- 
]iear  extreme,  was  absolutely  necessary  in  1859,  in  order  to  de- 
prive the  clergy  of  their  temporal  power'J  The  measure  still 
continues  to  be  absolutely  indispensable,  because  if  religious  cor- 
porations w^ere  at  this  moment  permitted  to  acquire  landed  prop- 
erty, a  considerable  mortmain  would  inmediate  be  created,  from 
which  a  great  amount  of  power  would  again  be  derived  by  the 
Catholic  Church,  Avho  would  thus  recover  their  temporal  power, 
which  all  countries  have  admitted  should  not  be  tolerated. 
Moreover,  it  can  be  said  that  the  reason  for  Avhicli  the  Catholic 
Church  of  Mexico  has  taken,  as  a  Church,  participation  in  the 
political  sfruggle,  and  attemps  to  recover  its  influence  and  its 

—  10  — 


temporal  i)owt'r,  is  that  I'or  sovcial  years  past  it  lias  been  sue-   / 
cessfully  evadiiii;-  the  law  in  so  fai-  as  regards  the  possession/ 
of  lands.  / 

Aceoi-ding  to  the  Mexican  law,  the  Catholic  Church  is  inca- 
pacitated from  acquiring  lands,  by  which  is  understood  not  only 
landed  property,  but  also  capital  invested  in  real  estate. 

The  Mexican  law  also  prohibits  the  feoffments  which  might 
cause  the  property  to  appear  in  the  hands  of  an  individual,  when 
it  really  belongs  to  the  Church,  or  is  used  exclusively  for  the 
benefit  of  the  Chnrch. 

.  Feoffments  from  bishop  to  l)isliop  are  not  permitted  in  Mex- 
ico, and  the  states  owned  by  members  of  the  clergy  are  con- 
sidered as  their  personal  property,  to  be  freely  transmitted  to 
the  voluntary  or  legal  inheritors  of  the  owners. 

The  estates  of  a  bishop  in  Mexico,  when  not  acquired  through 
agreement  or  bequest,  are  to  be  transmitted  to  his  legal  inheri- 
tors. 

For  a  long  time  past,  Mexican  l)ishops,  rectors  and  even  a 
number  of  laymen  have  been  owning  lands  which  apparently 
are  their  personal  property,  but  the  products  of  which  in  reality 
are  destined  to  be  turned  over  to  the  Church.  These  lands  effec- 
tually constitute  a  mortmain,  because  their  o^\^iers,  before  dying, 
have  to  bequeath  them  to  the  persons  previously  designated  by 
the.  Church,  whether  to  the  succeeding  bishoi^  or  to  any  other 
person  especially  designated  to  that  effect. 

That  is  how  the  Church  has,  against  the  law,  been  acquiring- 
a  large  amount  of  landed  property  having  the  appearance  of 
private  property. 

But,  in  practice,  the  lands  personally  owned  could  not  always 
be  taken  over  without  difficulties  by  the  new  trustee  designated 
by  the  Church,  and  experience  showed  that  from  time  to  time 
properties  were  lost  to  the  Church  which  were  claimed  by  the 
legal  inheritors  of  the  owner  apparent. 

These  losses  emphasized  the  advisability  of  finding  other 
means  to  tie  up  the  property  to  the  Church,  without  ostensibly 
violating  the  laws  of  the  Eeform.  In  some  places  stock  com- 
panies have  been  organized,  without  any  determined  mercantile 
end,  but  solely  for  the  purpose  of  managing  the  estates  which 
might  be  entrusted  to  these  companies.  The  caj^ital  of  the  com- 
panies was  made  up  of  contributions  by  the  members  of  the 
clergy  or  by  individuals;  the  shares  of  the  company,  and  there- 
fore, its  management,  being  retained  by  the  bishops.  Notable 
instances  of  this  can  be  had  in  the  bishoprics  of  Durango,  Pue- 
bla,  and  several  other  parts  of  the  country. 

—  11  — 


Briefly,  it  can  be  said  that  tlip  C'atliolic  Church,  transgressing 
the  law  which  ])r()hihits  it  from  accjiiiring  landed  property,  has 
found  uu'ans  of  necessary,  just  and  legal  appearance  for  pos- 
sessing lauds,  wdiicli  have  served  it  to  recover  little  by  little  its 
political  inlluence. 

The  coutiscation  of  the  lands  illegally  possessed  by  the  Catho- 
lic Church  of  Mexico  is  a  necessary,  just  and  legal  confiscation, 
<uid  in  that  sense,  all  the  confiscations  of  lands  pertaining  to 
the  Church  are  legitimate,  for  wdiich  reason  the  Constitutional- 
ist Government  is  in  the  right  in  continuing  the  same  policy, 
not  only  confiscating  the  properties  w^hich  are  openly  in  the 
ownersliij^  of  the  clergy,  but  also  investigating  those  properties 
which  apparently  belong  to  individuals,  but  which,  through  the 
history  of  their  former  owners  and  through  the  form  of  their 
administration,  can  be  clearly  distinguished  as  properties  of  the 
Church. 

As  regards  the  temples,  since  the  passing  of  the  laws  of  the 
Eeform,  the  ownership  has  been  retained  to  the  State,  their  use 
])eing  reserved  to  the  Catholic  Church.  In  fact,  the  Catholic 
Church  has  for  many  years  used  the  temples  without  restriction 
of  any  kind  and  without  paying  rents,  pensions  or  contributions 
of  any  sort. 

The  limiting  of  the  number  of  temples  which  are  needed  in 
each  place  for  religious  services  w^ould  have  to  be  left  to  the 
judgment  of  the  Church,  but  as  the  Catholic  clergy  of  Mexico 
exercise  absolute  control  in  religious  matters,  wdthout  interven- 
tion of  any  kind  by  the  community,  that  is,  by  the  parishioners, 
in  the  administration  of  the  estates  or  in  the  management  of  the 
temporal  interests  of  the  parishes,  or  still  less  in  the  organiza- 
tion of  the  religious  services,  there  is  nothing  to  serve  as  a  basis 
for  determining  the  number  of  temples  required  by  a  certain 
parish  or  a  certain  city. 

It  is,  therefore,  wath  State  alone  that  the  Church  can 
•come  to  an  understanding  regarding  the  number  of  temples  to 
be  reserved  for  the  service,  and  the  Government,  as  adminis- 
trator of  the  nation's  property,  has  the  unquestionable  right  to 
•dispose  of  the  temples,  wdien  required  for  uses  wdiich,  in  its  esti- 
mation, are  of  higher  importance  than  the  religious  service,  and 
above  all,  Avhen,  because  of  the  abundance  of  temples  in  a  single 
icity,  the  number  of  those  available  for  religious  services  is  con- 
sidered excessive. 

Up  to  the  present  time,  the  Government  has  not  made  use 
of  this  right. 

Immediately  after  the  passing  of  the  laws  of  the  Reform,  and 
principallv  since  1867,  the  Juarez  Government  took  over  some 

—  12  — 


of  the  many  temples  in  existence,  for  the  purpose  of  turning 
them  to  public  uses,  so  that  in  the  principal  cities  of  the  country 
it  may  be  seen  that  the  libraries,  universities,  hospitals,  and 
many  other  charitable  institutions  occupy  buiklings  which  origin- 
ally were  temples.  Since  1876,  the  Catholic  Church  has  enjoyed 
uiimolested  the  possession  of  a  great  number  of  temples,  and  the 
Government  up  to  the  present  had  not  tried  to  make  use  of  its 
right  to  consolidate  the  property  of  some  of  them,  nor  had  there 
been  any  ocasion  to  discuss  the  number  of  temples  necessary 
for  religious  services. 

The  truth  of  the  matter  is  that  in  some  cities  of  Mexico 
the  number  of  temples  open  to  public  service  is  considerably  ex- 
cessive, in  proportion  to  the  religious  needs.  A  population  of 
10,000  inhabitants  has  enough  with  one  or  two  temples  open 
for  worship;  however,  there  are  towns,  such  as  the  City  of  Clio- 
lula,  in  which  the  number  of  churches  is  so  great  in  proportion 
to  the  population  that  a  source  of  real  curiosity  is  found  by  tour- 
ists in  the  vast  number  of  temples,  all  of  which  are  open  for 
service,  all  affording  occupation  to  priests,  and,  therefore,  sig- 
nifying a  strong  contribution  on  the  part  of  the  faithful. 

Puebla  is  a  city  of  100,000  inhabitants,  and  it  is  curious  to 
note  that,  until  the  time  of  its  occui^ation  by  the  Constitutionalist 
Army,  it  had  nearly  200  temples  open  to  the  public. 

Merida  is  a  city  of  60,000  inhabitants,  and  it  has  enough  with 
twelve  temj)les,  that  is,  one  for  each. 5,000  souls. 

The  city  of  Vera  Cruz  hin^  a  normal  poj^ulation  of  50,000  in- 
liabitants,  and  three  churches  have  always  sufficed  for  religious 
services. 

Up  to  the  present  time,  the  number  of  temples  destined  for 
public  service  in  each  place  has  been  unlimited.  The  Govern- 
ment notwithstanding  its  unquestionable  right  to  dispose  of 
the  buildings  and  to  determine  wliich  are  those  that  should  be 
reserved  for  religious  services  and  which  can  be  destined  for 
other  purposes,  had  not  limited  the  number  of  temples  which 
the  Catholic  Church  controlled. 

Lately,  however,  the  attitude  assumed  by  the  clergy  against 
the  Constitutionalist  Revolution  brought  about  the  closing  of 
certain  temples  to  religious  services  by  a  number  of  military 
chiefs  and  State  Governors,  on  their  capturing  towns. 

This  could  be  regarded  as  an  act  of  hostility,  or  as  a  sort  of 
reprisal  against  the  Catholic  clergy,  but  in  reality,  and  even 
supposing  that  such  were  the  case,  the  closing  of  some  of  the 
temples,  which  never  reached  the  extent  of  the  total  closing  up 
of  all  the  churches  in  a  town,  does  not  constitute  an  illegal  act 
and  is  not  censurable  except  in  so  far  as  regards  the  occasio» 

—  13  — 


on  which  it  occun-cd,  wiiich,  on  the  other  liaiid,  was  elicited  by 
the  attitiuh'  of  the  clergy  theiiisclvcs. 

In  su])sta,nce:  as  regards  goods  and  chattels,  the  Catholic 
Church  has  Full  ca^jacity  to  acciuire  and  handle  property.  But 
in  so  far  as  landed  property  is  concerned,  the  Mexican  Consti- 
tution forhids  the  Catholic  Church  to  own  real  estate  or  capital 
invested  in  the  same,  and  the  only  right  granted  the  Church  by 
the  laAVS  is  to  maintain  the  temples  immediately  or  directly  des- 
tined to  religious  service. 

Concerning  the  temjoles  open  for  worship,  which  are  the  prop- 
erty of  the  State,  their  number  is  considerably  greater  than 
is  required  to  till  the  demand,  and  the  Government  is  not  occa- 
sioning a  damage,  but  simply  exercising  a  right,  when  it  con- 
solidates the  property  of  those  temples  which  it  is  not  essential 
should  remain  in  the  powder  of  the  Church. 

CONVENTS. 

The  law^s  of  the  Reform  established  the  abolition  of  all  con- 
vents and  of  all  religious  essociations  of  monastic  life.  The 
monastic  orders  existing  in  Mexico,  not  only  those  of  a  merely 
contemplative  nature,  but  also  those  of  an  educational  and  char- 
itable nature,  were  abolished  in  virtue  of  these  laws. 

In  1874  they  even  went  so  far  as  to  abolish  the  charity  insti- 
tution known  as  "Sisters  of  Charity,"  and  the  other  regulai: 
orders,  especially  those  of  the  /Jesuits,  w^ere  then  expelled. 

The  abolition  of  the  monastic  orders  in  Mexico  was  a  meas- 
sure  clearly  taken  in  defence  of  human  liberty,  which  was  found 
to  be  threatened  by  them. 

This  was  especially  so  in  regard  to  women,  whose  education 
was  still  very  deficient,  so  that  they  w^ere  not  in  a  condition  to 
defend  their  liberty  when  the  ti'emendous  moral  pressure  of 
parents  and  relatives  was  brought  to  bear  upon  them  in  order 
to  force  them  to  enter  a  convent. 

The  Mexican  woman,  particularly  the  one  who  possessed  riches 
in  her  own  right,  was  always  exposed  to  the  danger  of  seeing 
her  liberty  restricted  by  her  entrance  into  a  convent,  where  it 
became  impossible  to  prove  that  her  permanence  there  was  not 
absolutely  voluntary. 

The  Mexican  woman  has  not,  like  the  American  woman,  an 
education  wdiich  enables  her  personally  to  look  after  her  owti 
liberty,  and  before  the  passing  of  the  laws  of  the  Reform,  experi- 
ence taught  that  the  existence  of  convents  was  a  constant  threat 
to  feminine  liberty. 

Even  subsequently  to  the  passing  of  these  laws,  rich  heiresses 
have  always  been  the  object  of  suggestions  inducing  them  to 
take  the  religious  voav  in  a  foreign  country. 

—  14  — 


The  laws  of  the  Reform  completely  abolish  the  monastic  or- 
ders, and  within  the  principle  established  by  them,  all  religious 
congregations  of  a  monastic  character  must  be  dismenbered. 

At  the  time  of  General  Diaz,  however,  a  policy  of  toleration 
was  initiated  in  favor  of  religions  orders,  first  in  regard  to  char- 
ity institutions,  later  in  regard  to  educational  orders,  finally  wind- 
ing up  by  assuming  the  same  toleraUt  attitude  toward  the  con- 
templative orders,  which,  although  illegal  in  their  existence, 
were  not  effectually  proceeded  against  by  the  judicial  author- 
ities. 

The  conditions  prevailing  in  Italy  after  1870;  those  which 
have  been  prevalent  for  a  long  time  in  Spain,  since  the  consider- 
able excess  of  monastic  orders  made  necessary  the  positive  de- 
portation of  persons  bound  by  monastic  vows;  and  the  condi- 
tions recently  created  in  France  for  monastic  orders,  especially 
for  those  of  an  educational  character,  since  1906: — all  this  has 
led  a  great  number  of  foreign  nuns  and  monks  to  take  refuge  in 
Mexico  and  settle  there  with  the  character  of  monastic  orders. 

The  existence  of  these  orders  was  tolerated  in  the  time  of 
General  Diaz.  Many  of  them  constituted  an  o^Den  violation  of 
the  law;  others,  chiefly  the  French  educational  orders,  tried  to 
conform  themselves  to  the  laws  of  public  instruction  and  ac- 
quired greater  freedom  of  action  in  their  work. 

On  the  fall  of  General  Huerta  and  the  inauguration  of  the 
Constitutionalist  Government  in  the  principal  cities  of  the  Re- 
public, several  monastic  orders  w^ere  abolished,  and  as  the  mem- 
bers of  these  were  mostly  foreigners,  the  majority  voluntarily 
expatriated  themselves. 

It  is  not  true  that  the  nuns  were  made  victims  of  such  offences 
as  have  been  attributed  to  the  members  of  the  Constitutionalist 
army.  The  only  occurrence  has  l)een  the  dispersion  of  several 
religious  groups,  whose  members  have  withdrawn  to  foreign 
countries.  . 

RESUME. 

The  religious  question  in  Mexico  can  be  summarized  as  fol- 
lows: 

1.  The  aims  of  the  Constitutionalist  Government  regarding 
■the  Catholic  Church  are  not  such  as  might  be  inferred  from  the 
isolated  acts  which,  as  a  consequence  of  the  war,  and  above  all, 
of  the  intervention  of  the  clergy  in  our  political  contentions,  the 
Catholic  Church  has  on  several  occasions  had  to  undergo. 

2.  The  conditions  of  the  Catholic  Church  in  Mexico  are  to- 
tally different  from  the  conditions  of  the  same  Church  in  the 
United  State.s. 

—  15  — 


3.  The  laws  oi'  llic  Eet'orm  establisli  a  determined  condition 
for  the  Catholic  Church  in  Mexico,  which  is  totally  different 
from  the  condition  whic'li  il  has  according  to  the  laws  of  the 
United  States. 

4.  The  said  laws  of  the  lieform  coriesi)ond  to  a  sitnation 
wliicli  is  peculiar  to  Latin  America,  and  the  laws  in  question  are 
absolutely  indispensable  in  order  to  deprive  the  Catholic. Church 
of  the  temporal  power  which  it  had  before  the  War  of  the  Re- 
form. 

5.  These  laws  must  subsist  at  the  present  time,  because  the 
social  conditions  which  made  them  requisite  are  still  prevalent. 

6.  During  recent  years  the  Catholic  Church  in  Mexico  was 
entirely  lawless,  transgressing  the  regulations  of  the  Mexican 
Constitution  and  of  tiie  hiws  of  the  Reform. 

7.  The  intervention  of  the  clergy  in  political  matters,  the 
possession  of  landed  property  on  the  part  of  the  clergy,  and  the 
existence  of  convents,  are  acts  wholly  illegal  and  violative  of  the 
Constitution. 

Briefly,  whatever  abuses  oi-  excesses  which,  without  the  knowl- 
edge and  without  the  consent  of  the  Government,  may  have 
been  connnitted,  ai'e  far  having  the  importance  which  is  at- 
tributed to  them,  and  are  nothing  more  than  a  consequence  of 
the  co7iditions  in  which  the  same  Catholic  Church  placed  itself 
on  taking  an  active  part  in  the  struggle  against  the  Constitu- 
tionalist Revolution. 

The  Constitutionalist  Ciovei-nment  has  tried  and  continues 
trying  to  reduce  to  a  mininuim  the  possible  reprisals  against  the 
Church.  The  Constitutionalist  Gov<M-nm(>nt  intends,  at  the  same 
time,  t(>  maintain  the  absolute-separation  of  the  Church  and 
State,  and,  therefore,  it  is  not  to  be  wondered  at  that  it  enforces 
all.  the  measures  which  tend  to  deprive  the  Catholic  clergy  of 
the  temjjoral  power  which  it  is  attempting  to  recover;  and  it 
declares,  if  necessary,  the  incapacity  of  the  religious  corpora- 
tions to  organize  political  groups;  and  that  it  proceeds  to  con- 
iiscate  those  properties  ^^•hicll  are  illegally  in  the  hands  of  the 
Church,  or  of  which,  even  when  owned  by  individuals,  the  usu- 
fruct can  be  proved  to  be  reserved  to  the  Church. 

The  Constitutionalist  Government  iinally  proposes  to  make 
effective  the  abolition  of  the  monastic  orders  existing  in  Mexico, 
and,  above  all,  of  those  of  a  merely  contemplative  character. 

To  sum  up,  the  Constitutionalist  Government  proposes  to  give 
full  guarantees  in  religious  matters  to  the  exercise  of  any  cult,, 
but  strictly  enforces  the  observance  of  the  laws  of  the  Reform 
and  of  the  Mexican  Constitution. 

—  16  — 


.       _  ,    ,    ,        „„      ;„      „,     j„      ,..lH-i,.m.  -  -  -,       ^^   ,»,,,•'  I..      ». m      .i..rM.i..>-  .........         -    ,-      —      '      -'      - "- 

——;^^^^ " • •■■ 

j>^^  APPENDIX 

LAW  OF  THE  12th  OF  JULY  1859, 

MINISTRY    OF    JUSTICE,    ECCLESIASTICAL    AFFAIRS 
AND    PUBLIC    INSTRUCTION. 


Most  Excellent  Sir: — \\'i<  Excellency  the  constitutional  Pre- 
sident ad  interim  of  the  iiei)ul)lic  has  ordered  the  following  de- 
cree to  be  published: 

THE  CITIZEN  BENITO  JUAREZ,  Constitutional  President 
ad  interim  of  the  United  States  of  Mexico,  to  all  its  inhabitants, 
know  ye: 

That  with  the  unanimous  approval  of  the  Cabinet,  and 

CONSIDERING 

That  the  present  war,  promoted  and  sustained  by  the  clergy,. 
has  for  its  chief  aim  the  deliverance  of  the  said  clergy  from  its 
dependence  to  the  civil  authorities; 

That  when  tliese  authorities  have  offered  to  better  the  income 
of  the  clergy,  the  clergy  has  refused  even  that  which  w^ould  be 
to  its  benefit,  in  order  to  disavow  the  authority  of  the  sovereign^ 
people; 

That  when  the  sovereign  people,  fulfilling  the  mandate  of  tlie- 
clergy  itself  on  the  subject  of  iDarochial  imposts,  attempted 
thereby  to  remove  from  the  clergy  the  hatred  it  was  attracting 
by  its  manner  of  collecting  these  imposts,  the  clergy  chose  ta 
seem  to  desire  to  perish  rather  than  to  subject  itself  to  any  law; 

That  inasmuch  as  the  determination  shown  in  these  matters  by 
the  Archbishop  proves  that  the  clergy  can  support  itself  in 
Mexico,  as  in  other  countries,  without  civil  law  regulations  of 
the  collection  of  imposts  from  the  faithful; 

That  if  at  other  times  there  might  have  been  some  one  to 
doubt  that  the  clergy  has  been  one  of  the  constant  hindrances  to 
the  establishment  of  public  peace,  at  present  all  acknowledge 
that  it  is  in  open  rebellion  against  the  sovereign  people; 

That  the  clergy,  having  diminished  by  waste  the  large  funds 
intrusted  to  it  for  holy  purposes  by  the  faithful,  now  inverts 
what  remains  of  those  funds  in  the  general  destruction,  sui)port- 
ing  and  making  bloodier  every  day  the  fratricidal  struggle  begun 
by  the  same  clergy  in  its  disavowal  of  the  legitimate  authority, 
denying  the  Kepublic  the  right  to  constitute  a  government  to  the- 
peoples 's  convenience; 

—  17  — 


That,  since  ii])  to  the  pi'esent  all  efforts  to  end  a  war  that  is 
ruining  the  lvei)u])li('  iiave  failed,  to  leave  any  longer  in  the  hands 
of  the  sworn  enemy  the  resources  which  it  has  misused  so 
grievously  would  be  to  become  its  accomplice,  and 

That  it  is  an  imperious  duty  to  put  in  execution  all  measures 
that  may  save  the  situation  and  save  society; 

I  have  thought  it  wise  to  decree  the  following: 

Article  1. — All  the  property  that  the  secular  and  regular 
clergy  has  been  managing  under  various  titles,  whether  in  the 
shape  of  landed  proi)erty  or  in  whatever  name  or  form  it  may 
have  been  held,  comes  under  the  dominion  of  the  nation. 

Art.  2. — A  special  law  will  determine  the  mariner  and  form  of 
entry,  into  the  treasury  of  the  nation,  of  the  wealth  above 
mentioned. 

Art.  o. — There  shall  l)e  perfect  independence  between  the  af- 
^  fairs  of  the  State  and  the  affairs  purely  ecclesiastical.  The  gov- 
ernment will  limit  itself  to  protect  w-ith  its  authority,  the  public 
worship  of  the  Catholic  religion,  as  well  as  of  any  other  religion. 
^  Art.  4. — The  ministers  of  the  faith  for  the  administration  of 
the  sacrament  and  other  religious  functions,  wdll  be  permitted 
to  accept  the  gifts  and  oblations  offered  in  return  for  services 
rendered.  Neither  gifts  nor  indemnizations  can  be  rendered  in 
the  shape  of  real  estate. 

,  Art.  5. — The  existent  religious  orders,  regardless  of  the  de- 
nomination to  which  they  may  belong  and  of  the  purpose  for 
which  they  may  have  been  created,  as  well  as  alThconfratern- 
ities,  confraternities  and  Ijrotherhoods  united  to  the  religious 
communities  and  the  cathedrals  or  parishes  or  whatever  other 
churches,  are  suppressed  throughout  the  Republic. 

Art.  6. — The  foundation  and  construction  of  new  convents  or 
religious  orders  of  archconfraternities,  confraternities  and 
brotherhoods  of  whatever  form  or  apellation,  are  hereby  pro- 
hibited. In  the  same  manner  the  wearing  of  the  dresses  of  the 
suppressed  orders  is  forbidden. 

Art.  7. — As  this  law  reduces  the  regular  clergy  of  the  sup- 
pressed orders  to  the  secular  clergy,  they  will  be  subject,  as  the 
latter,  to  the  ordinary  ecclesiastics,  in  religious  matters. 

Art.  8. — To  each  one  of  the  regular  ecclesiastics  of  the  sup- 
pressed orders,  wdio  will  not  disobey  the  law,  the  government  will 
give  500  pesos  once  only.  To  the  regular  ecclesiastics  who, 
because  of  sickness  or  old  age,  are  incapacitated  in  their  duties, 
in  addition  to  the  500  pesos  there  shall  be  given  3,000  pesos  in- 
vested in  propert}^  so  that  they  may  support  themselves  com- 
petently. Of  both  sums  they  may  dispose  freely  as  of  their  own 
property 

Art.  9. — The  members  of  the  suppressed  orders  will  be  em- 
powered to  take  to  their  homes  furniture  and  other  appertain- 
ances  which  they  had  in  the  convent  for  their  j)ersonal  use. 

Art.  10. — The  images,  embroideries,  robes  and  sacred  vessels 

—  18  — 


of  the  suppressed  regular  cliuiches  shall  he  delivered  over  to 
the  bishoj)  of  tlie  diocese  for  formal  inveutory. 
t/  Art.  11.— The  governor  of  the  District  and  the  governors  of 
the  States  at  the  demand  of  the  M.  R.  Archbishop  and  the  R. 
Bishops  of  the  dioceses,  shall  designate  those  temples  of  the  sup- 
pressed regulars  that  are  to  l)e  used  for  religious  sei'vices,  ex- 
j)laining  first  and  scrupulously  their  necessity  and  utility. 

Art.  12. — The  books,  manuscripts,  paintingsj  and  antiques  and 
other  objects  belonging  to  the  suppressed  religious  comnumities 
shall  be  turned  over  to  the  museums,  public  schools,  libi-aries 
and  other  ]Hd)li('  establishments. 

\i  Art.  13.— The  regular  ecclesiastics  of  the  suppressed  orders 
who  after  fifteen  days  from  the  publication  of  this  law  in  each 
place  continue  to  wear  in  public  the  ecclesiastical  robe,  or  to  live 
in  communities,  will  not  receive  their  share  as  mentioned  in 
article  8,  and  after  the  fifteen  days  have  elapsed,  should  they 
continue  to  live  in  communities,  they  will  be  immediately  expell- 
ed from  the  Republic. 

1^  Art.  14. — The  convents  of  the  nuns  which  are  at  present  in 
existence  shall  remain,  observing  the  private  regulation 
of  their  cloister.  The  convents  of  these  nuns  which  were  subject 
to  the  spiritual  jurisdiction  of  some  of  the  suppressed  regulars, 
remain  under  that  of  the  bishops  of  the  diocese. 

Art.  15.— Every  nun  that  may  leave  her  convent  shall  i-eceive, 
on  leaving,  the  sum  given  as  dowry  on  her  entrance  to  the  con- 
vent, whether  this  was  given  as  paraphernalia,  or  obtained  as 
a  private  donation,  or  acquired  from  some  pious  foundation. 
Each  sister  of  mercy  who  had  brought  nothing  to  her  convent 
shall  receive  a  sum  of  500  pesos  on  the  act  of  leaving  the  convent. 
Of  the  dowry  as  well  as  the  pension  they  shall  dispose  freely  as 
of  their  own  property. 

Art.  16. — The  political  and  judicial  authorities  of  the  place 
shall  offer  all  manner  of  help  to  the  outgoing  nuns,  so  as  to 
make  effective  the  payment  of  the  dowry  or  the  sum  mentioned 
in  the  above  article. 

Art.  17. — Each  nun  shall  keep  the  capital  which  in  the  shape 
of  dowry  may  have  gone  to  the  convent.  This  capital  will  be 
secured  to  her  in  landed  property  or  real  estate  by  means  of 
official  documents  which  will  be  issued  to  her  individually. 

Art.  IS.^^To  each  one  of  the  convents  of  nuns  there  will  be 
left  a  sufficient  capital  so  that  with  its  proceeds  they  may  attend 
to  the  repair  of  the  factories  and  expenses  of  the  feasts  of  their 
patron  saints  and  of  Christmas,  Holy  Week,  Corpus  Christi, 
Resurrection  and  All  Saints  and  to  other  expenses. 

The  suijeriors  and  chaplains  of  the  respective  convents  shall 
give  the  estimates  for  these  expenses,  which  shall  be  presented 
within  fifteen  days  after  the  publication  of  this  law  to  the  gov- 
ernor of  the  District  and  to  the  governors  of  the  respective 
States  for  their  revision  and  apin-oval. 

—  19  — 


Art.  19. — All  the  wealth  reiiiajning  in  the  convents  shall  be 
tnrned  over  to  the  general  treasni-y  of  the  nation  in  accordance 
with  article  1  of  this  law. 

Art.  20. — The  nuns  which  shall  remain  cloistered  can  dispose 
of  their  respective  dowries,  bequeathing  them  freely  according  to 
law.  In  case  they  do  not  leave  a  will  or  have  no  kin  who  can 
receive  that  inheritance,  then  the  dowry  will  be  tnrned  into  the 
public  treasury. 

Art.  21. — All  the  convents  for  nuns  will  be  closed  forever  to 
the  novitiate.  The  present  novices  will  not  be  permitted  to  take 
their  vow^s  and  on  leaving  the  novitiate  they  will  receive  what 
they  have  brought  to  the  convent. 

Art.  22. — All  transfers  of  wealth  mentioned  in  this  law^,  be  they 
,by  some  individual  of  the  clergy  or  whatever  persons  who  should 
uot  have  received  authorization  from  the  constitntional  govern- 
ment, are  null  and  void.  The  buyer,  be  he  a  native  or  a  for- 
eigner, is  obliged  to  return  whatever  was  brought,  or  its  value, 
and  furthermore  shall  be  lined  five  per  cent  of  the  value.  The 
notary  who  authorized  the  contract  shall  be  deposed  and  for- 
ever debarred  from  public  service,  and  the  witnesses  will  suf- 
fer the  penalty  of  from  one  to  four  years  in  the  penitentiary. 

Art.  23. — Ail  those  who  directly  or  indirectly  shall  oppose  or 
in  whatsoever  manner  prevent  the  fulfilment  of  this  law,  will  be, 
according  as  the  government  qualities  the  gravity  of  the  offense, 
expelled  from  the  Republic  or  turned  over  to  the  judicial  au- 
thorities. In  this  case  they  will  be  judged  and  iDunished  as  con- 
spirators. There  will  be  no  appeal  of  pardon  from  the  sentence 
which  wall  be  Tironounced  against  tliese  culprits  by  the  com- 
petent court. 

Art.  24. — AH  the  penalties  which  this  law  imposes  will  be  made 
effective  by  the  judicial  authorities  of  the  nation  or  by  the 
political  ones  of  the  State,  these  communicating  immediately 
with  the  general  government. 

Art.  25. — The  governor  of  the  District,  and  the  governors  of 
the  States  in  their  turn,  shall  consult  with  the  government  the 
means  which  they  will  find  convenient  for  the  fulfilment  of  this 
law.  Therefore  I  order  it  printed,  published  and  circulated. 
Given  in  the  government  palace  in  Veracruz,  12th,  of  July,  1859. 
BENITO  JUAREZ.  Melchor  Ocampo.  President  of  the  Cabinet, 
Minister  of  the  Interior  in  charge  of  Foreign  Relations,  and  of 
War  and  of  Navy.  Lie.  Manuel  Ruiz.  Minister  of  Justice, 
Ecclesiastical  Affairs  and  Public  Instruction. — Miguel  Lerdo  de 
Tejada,  Minister  of  the  Treasury  and  in  charge  of  ''Fomento" 
(Public  advancement). 

I  communicate  this  to  Your  Exc.  for  your  information  and  ful- 
ftlment.  Palace  of  the  general  government  in  Veracruz,  12th.  of 
July,  1859. 

Ruiz.    Most  eicllt.  governor  of  the  State  of 


—  20  — 


LAW 


of  the  25th.  of  September  1873  on  additions  and  reforms 
to  the  Constitution. 


Department  of  the  Interior, — First  Section. 

The  citizen  President  of  tlie  Eepublic  has  forwarded  to  this 
Depai'tnient  the  following  decree: 

SEBASTIAN  LERDO  DE  TEJADA,  Constitutional  I^resident 
of  the  United  States  of  Mexico,  to  all  its  inhabitants,  know  ye: 

That  the  Congress  of  the  Union  has  decreed  the  following: 

The  Congress  of  the  United  States  of  Mexico  in  the  exercise 
•of  the  facnlty  conceded  by  article  127  of  the  political  Constitu- 
tion promulgated  the  12tli.  of  February  1857,  and  in  accordance 
with  the  approval  of  the  majority  of  the  Legislatures  of  the 
Republic,  declares  the  following  articles  to  be  additions  and 
reforms  to  the  same  Constitution: 

Article.  1. — The  State  and  the  Church  are  independent  from 
each  other.  Congress  cannot  dictate  laws  establishing  or  pro- 
hibiting any  religion. 

Art.  2. — Matrimony  is  a  civil  contract.  This  and  other  acts  on 
the  civil  state  of  persons  are  of  the  exclusive  jurisdiction  of 
civil  functionaries  and  authorities,  in  the  terms  provided  by  the 
laws,  which  w^ill  have  the  force  and  validity  attributed  to  them. 

Art.  3. — No  religious  institution  maj^  acquire  real  estate  or 
capital  invested  in  real  estate,  except  only  as  established  by 
article  27  of  the  Constitution. 

Art.  4. — The  simjole  promise  to  tell  the  truth  and  to  fulfill  the 
contracted  obligations  shall  substitute  the  religious  oath  with 
its  effects  and  penalties. 

Art.  5. — No  one  may  be  compelled  to  lend  his  personal  services 
without  a  fair  retribution  or  without  his  full  consent.  The  State 
•cannot  admit  the  validity  of  any  contract,  pact  or  agreement,  by 
virtue  of  which  a  man  may  impair,  lose  or  irretrievably  sacrifice 
his  liberty,  whether  by  reason  of  work,  of  education,  or  of 
religious  vows.  The  law,  consequently,  does  not  recognize 
.monastic  orders,  nor  can  it  permit  their  establishment,  whatever 
their  denominations,  or  the  object  with  Avhich  they  claim  to  be 
formed.  It  cannot  authorize  pacts  by  which  a  man  agrees  t« 
his  proscription  or  to  his  exile. 

—  21  — 


TRANSITORY. 

Tlie  aiilerjor  additions  and  rei'oniis  of  tlie  Constitution  shall 
be  pu])lished  at  once  with  the  greatest  solemnity  in  the  wliole 
Republic.  Palace  of  the  Congress  of  the  Union,  September  2r)th. 
1873.  Wherefore  I  order  that  it  be  printed,  published,  circulated 
and  obeyed.  Given  at  the  National  Palace  of  ]\rcxico  on  the 
24th.  of  September  1873.  SEBASTIAN  LERDO  DE  TEJADA. 
To  the  citizen  Lie.  Cayetano  Gomez  y  Perez,  in  charge  of  the 
Ministry  of  the  Interior.  I  forward  it  to  you  for  your  cognizance 
and  for  its  consequent  effects.  Independence  and  Liberty,  Me- 
xico, September  2r)th.,  1873.  Cayetano  Gomez  y  Perez,  Acting, 
Secretary. 

Citizen  governor  of  the  State  of 


—  22  — 


■EsJiS 


LAWS    OF    REFORM 


LAW    OF    DECEMBER    14TH,    1874. 


Department  of  the  Interior. — First  Section. 

The  citizen  President  of  the  Repnl)lic  lias  ordered  to  puhlisli 
the  following'  decree: 
SEBASTIAN  LERDO  DE  TEJADA,  Constitutional  President  of 

the  United  States  of  Mexico,  to  its  inhabitants,  know  ye: 

"'That  the  Congress  of  the  Union  has  decreed  the  following: 

"The  Congress  of  the  Union  decrees: 

.    FIRST    SECTION. 

"Art.  1. — The  State  and  the  Church  are  independent  from  each 
other.  No  one  will  be  empowered  to  dictate  laws  estal)lishing  or 
proliibiting  any  religion;  but  the  State  exercises  authority  over 
them,  in  regard  to  the  preservation  of  public  order  and  the 
respect  of  the  institutions  of  the  State. 

"Alt.  2. — The  State  guarantees  the  exercise  of  all  cults  in  the 
Republic.  It  will  only  prosecute  and  punish  practices  and  acts 
authorized  by  some  cult,  which  may  l)e  in  violation  of  our  penal 
laws. 

^' Art.  3. — No  authority  or  corporation,  or  organized  body,  may 
take  part  officially  in  the  acts  of  any  cult ;  nor  under  the  pretext 
of  religious  solemnities  will  they  be  permitted  to  make  any  de- 
monstrations or  celebrations.  Therefore  no  holidays  are  author- 
ized except  those  which  have  as  their  object  the  solenmization 
of  purely  civil  events.  The  Sundays  are  designated  as  days  of 
rest  for  the  offices  and  public  establishments. 

"Art.  4. — Religious  instruction  and  the  official  practices  of 
any  cult  whatever,  are  forbidden  in  all  the  establisments  of  the 
Federation,  of  the  States  and  of  the  municipalities.  The  prin- 
ciples of  morality  will  be  taught  in  those  establisments  where  it 
may  be  relevant  to  do  so,  without  reference  to  any  cult.  The 
infraction  of  this  article  will  be  punished  by  a  government  fine 
of  25  to  200  pesos,  besides  the  dismissal  of  the  guilty  parties  in 
case  of  repetition  of  the  offense.  Persons  living  in  a  pul)lic 
establishment  may,  if  they  so  desii-e,  meet  in  the  temple  of  their 

- — -     Z.)     


i'ailli  aiul  receive  hi  the  same  efetablisliment,  in  ease  of  extreme 
urgency,  the  spiritual  assistance  of  the  religion  they  profess.  The 
corresponding  regulations  will  lix  the  manner  of  carrying  out 
this  authoi-ization  without  impairing  .the  object  of  the  establish- 
ment and  without  infiactiou  of  article  3. 

"Art.  5. — No  religious  act  can  take  place  in  public,  but  only 
within  a  temple,  under  penalty  of  stopping  the  act  and 
X)unishing  its  authors  by  a  government  tine  of  10  to  200  pesos  or 
imprisonment  from  ten  to  tifteeii  days.  Should  the  act  have  taken 
a  solemn  character  by  the  number  of  persons  attending  it, 
or  for  any  other  circumstances,  the  authors  of  it,  as  well  as 
the  persons  who  wdll  not  obey  the  intimation  of  the  authorities 
to  desist  from  it,  will  be  imprisoned  and  turned  over  to  the 
judicial  authorities,  incurring  a  sentence  from  two  to  six  months 
imprisonment. 

"No  religious  minister,  or  individual  of  either  sex,  member  of 
a  cult,  is  permitted  to  wear  distinctive  or  characteristic  ro])es  of 
his  cult  outside  of  the  temples,  under  penalty  of  10  to  100  pesos. 
"Art.  (). — The  ringing  of  bells  will  be  limited  strictly  as  a  call 
to  the  performance  of  religious  acts.  The  police  shall  regulate 
the  ringing  of  bells  so  that  it  may  not  cause  any  inconvenience 
to  the  ]3ublic. 

"Art.  7. — For  a  temple  to  enjoy  the  |)rerrogatives  of  i?uch,  in 
accordance  wath  article  969  and  with  the  other  articles  on  this 
matter  of  the  Penal  Code  of  the  District,  which  articles  are  here- 
by declared  in  force  throughout  the  Republic,  the  existence  and 
installation  of  the  temple  must  be  communicated  to  the  political 
authorities  of  the  locality,  where  it  shall  be  entered  in  a  registry 
kept  for  this  purpose,  and  from  wdiere  notice  shall  be  given  to 
the  government  of  the  State,  which  in  its  turn  shall  advise  the 
Ministry  of  the  InteriorJv  As  soon  as  a  temple  is  known  to  be 
used  for  other  purposes  than  those  exclusively  of  its  cult,  it  shall 
be  stricken  from  the  registry  of  temples  for  the  effects  of  this 
article.  \ 

"Art.  8. — The  legacies  and  institutions  of  successions  which 
may  be  made  in  favor  of  ministers  of  any  cult  or  of  persons  who 
dwell  with  the  aforesaid  mi,nisters,  if  these  should  have  given 
any  manner  of  spiritual  help"^to  the  testator  during  the  sickness 
from  wdiich  he  died,  or  have  been  his  confessors,  are  null  and 
void.  ■        -  <, 

"Art.  9. — Equally  null  and  void  are  the  institutions  of  succes- 
sion or  legacies,  wdiicli,  even  though  they  may  have  been  made 
ostensibly  in  favor  of  those  legally  qualilied,  are  in  direct  con- 
travention of  the  law  and  infringe  fraction  III  of  art.  15. 

"Art.  10. — The  ministers  of  the  cults  may  not  enjoy,  by  reason 
of  their  character,  any  privileges  which  shall  distinguish  them, 
by  law,  from  other  citizens,  and  are  not  subject  to  any  more 
interdictions  than  those  wdiich  this  law  and  the  Constitution 
outline.  •  ^ 

—  24  — 


*'Ait.  11. — The  speeches  of  relig-ious  ministers  which  may 
be  spoken  advising  disobedience  to  the  laws  or  provoking-  some 
misdemeanor  or  some  felony  make  unlawful  the  assembly 
wherein  such  words  are  spoken,  and  therefore  such  assembly 
loses  the  guarantees  granted  in  art.  9  of  the  Constitution,  'riic  au- 
thor of  the  address  or  sjjeocli  will  he  suhjccl  in  this  case  to  tli(» 
rules  of  the  third  book,  section  six,  chapter  eiglit  of  the  Penal 
Code,  whieli  is  declared  in  force  on  this  ])oint  thi-oughout  thi' 
Republic.  The  misdemeanoi-s  committed  by  instigation  or 
suggestion  of  a  minister  of  any  cult,  as  referred  to  in  tliis  article, 
place  such  minister  in  the  category  of  princijial  author  of  the 
deed. 

"Art.  12. — All  meetings  which  may  take  place  in  temples  shall 
be  public,  subject  to  the  vigilance  of  the  police,  and  the  au- 
thorities may  exercise  the  function  of  their  office  when  the  case 
demands  it. 

"Art.  13. — Religious  institutions  are  free  to  organize  hi- 
erarchically as  they  please;  l)ut  sucli  organizations  have  no  legal 
status  before  the  State  except  to  invest  the  suDeriors  of  the 
organizations  in  each  locality  with  the  representative' character 
referred  to  in  article  15.  Xo  niinister  of  any  cult  may  therefore 
present  himself  oficially  as  such  to  the  authorities.  He  may 
present  himself  only  in  the  form  and  with  the  requisites  with 
which  every  citizen  may  exercise  the  riglit  of  petition. 

SECOND    SECTION. 

"Art.  l-l. — No  religious  institution  may  acquire  real  estate,  or 
capital  invested  in  real  estate,  excepting  the  temples  to  be  used 
immediately  and  directly  in  the  public  service  of  the  cult  and  the 
annex  property  which  may  ])e  strictly  necessary  for  such  service. 

"Art.  15. — The  religious  associations,  represented  in  each 
localitv  bv  their  superiors,  have  the  following  rights: 

]. — The  right  of  petition 

11. — The  ownership  of  the  temples-acquired  in  conformity  with 
article  14.  The  laws  of  the  State  in  which  the  ])uildings  are 
located  shall  determine  on  wliom  the  right  of  ownership  of  the 
temples  shall  fall  should  the  property  ])e  a))aiidoned  or  the 
association  dissolved. 

III. — The  right  of  receiving  alms  or  gifts,  which  may  never  be 
made  in  real  estate,^titles,  bonds  or  promises  of  future  payment, 
whether  in  the  shape  of  bequests,  testamentai-y  donations, 
legacies  or  any  othe'r  kind  of  obligation  of  this  sort^  all  which 
are  hereby  declared  void  /.v 

IV. — The  right  of  receiving  alms  in  the  interior  of  the  temples 
by  means  of  collectors  Appointed  for  such  purpose,  with  the 
understanding  that  outside  the  temples  it  is  forbidden  to  appoint 
such  alms  collectors,  the  ajipointed  ones  being  included  in  article 
415  of  the  Penal  Code  of  the  District,  which  aiticle  is  hereby  de- 
clared in  full  force  throughout  the  Republic. 

—  25  — 


V. — The  light  asf^ii^iKHl  in  the  next  aitich-. 

" Presides  the  al)Ovesai(l  rights,  tlie  law  (h)es  not  grant  any 
otliers  to  religious  societies  as  corporations. 

"Art.  16. — The  temples  which  according  to  the  law  of  July 
thp  12th,  1859,  were  nationalized  and  which  have  l^een  left  to. 
the  Catholic  cult,  as  well  as  others  which  later  may  have  been 
ceded  to  any  other  religious  institutions,  shall  continue  to  be- 
long to  the  nation,  but  its  exclusive  use,  conservation  and  im- 
provement, will  belong  to  the  religious  institutions  to  whom  they 
may  have  been  ceded,  as  long  as  tln^  consolidation  of  the  pi'operty 
shall  not  have  been  decreed 

"Art.  17. — The  buildings  spoken  of  in  the  two  former  articles 
shall  be  exempt  of  payment  of  contributions,  except  in  case  that 
they  should  be  constructed  or  acquired  nominally  or  outright  by 
one  or  more  individuals  without  transmitting  them  to  a  religious- 
society.  The  property  in  such  case  shall  l)e  governed  according 
to  the  common  laws. 

"Art.  18. — The  buildings  which  do  not  belong  to  private  in- 
diA'iduals  and  which  according  to  this  section  and  the  following 
one  should  be  regained  by  the  nation,  shall  l)e  transferred 
according  to  the  laws  in  force  tliat  control  this  matter. 

THIRD    SECTION. 

•'Art.  19. — The  State  does  not  recosi'nize  any  monastic  orders 
nor  can  it  permit  their  foundation,  no  matter  what  their  de- 
nomination may  be  nor  the  object  for  which  they  would  be  creat- 
ed. The  secret  ordo's  which  may  have  l)eeii  established  shall  ))e 
considered  as  illegal  and  tlie  authorities  can  disolve  them, 
should  their  mem])ers  live  together;  in  any  case,  their  chief s^ 
superiors  and  directors,  will  be  judged  as  guilty  of  an  infraction 
of  individual  guarantees,  in  conformity  with  art.  9()3  of  the  Penal 
Code  of  the  District,  whicli  article  is  herel)y  declared  in  force 
throughout  the  RepiiljTK  . 

"Art.  2(1. — The  religious  societies  whose  members  live  under 
certain  rules  peculiar  to  themselves,  under  temporary  or  per- 
petual promises  or  vows,  and  under  the  control  of  one  or  more 
superiors,  are  regarded  as  monastic  orders,  subject  to  the 
previous  article,  even  though  each  member  of  the  society  should 
have  a  dwelling  apart  from  the  others.  Consequently,  the  first 
and  relevant  declarations  in  the  cii-cular  of  the  ^Ministry  of  the 
Interior  issued  on  the  28th.  of  ]\lav,  1861,  are  herebv  <l(M'lai-ed 
null.  '   ' 

FOURTH    SECTION. 

"Art.  2t^The  simple  promises  to  tell  the  truth,  and  to  fulfill 
one's  obligations,  shall  substitute  the  religious  oath  in  its  effects 
and  penalties;  but  either  j^romise  is  a  legal  requisite  only  when 
it  is  necessary  to  testify  in  a  court,  in  which  case  the  first 
promise  shall  l)e  offered;  and  the  second  shall  be  offered  on 
taking  possesion  of  an  official  position.  The  latter  will  be  made  in 

—  26  -^ 


a  t'oniial  oatli,  ^vitlioiit  any  reservi^,  to  olx^v  and  loreserve  the 
political  Constitution  of  the  United  States  "of  Mexico  with  its 
additions  and  reforms,  and  its  laws.  This  oath  shall  be  taken  bv 
all  those  who  take  charge  of  a  public  oftice  of  the  Federation,  of 
the  States  or  of  the  Municipalities.  In  all  other  cases  in  which, 
according  to  the  laws,  the  religious  oath  had  some  civil  con- 
sequences, it  has  these  no  longer,  even  though  it  should  be  taken. 

FIFTH    SECTION. 

"Art.  22.— Marriage  is  a  civil  contract,  and  that  as  well  as 
other  acts  which  fix  the  civil  state  of  individuals,  belong  to  the 
realm  of  the  functionaries  of  the  civil  order  according  to  the  laws 
and  shall  have  the  force  and  validity  which  the  laws  may  give 
them. 

"Art.  23.— The  right  to  legislate  on  the  civil  state  of 
the  individuals,  and  to  rule  the  manner  in  which  the  correspond- 
ing acts  shall  l)e  performed  and  recorded,  belongs  to  the  States, 
but  their  resolution  shall  l)e  subject  to  the  following  i-ules: 

I. — The  offices  of  the  Civil  Register  shall  be  as  numerous  as  it 
may  be  necessary  to  accomodate  all  persons  who  may  have  need 
of  it,  and  nmst  always  be  in  charge  of  employees  of  tried  ability 
and  honoral)ility. 

II. — The  register  of  the  acts  of  the  civil  state  shtfU  be  entered 
with  accuracy,  in  separate  entries,  in  books  which  will  be  under 
the  inspection  of  the  political  authorities.  The  inscription  shall 
be  done  with  all  necessary  formalities  which  will  guarantee  au- 
thenticity and  the  veracity  of  its  records.  They  will  not  be  allow- 
ed to  have  erasures,  or  corrections,  or  additions  between  lines, 
and  the  remark  (rejected)  shall  be  placed  after  every  mistaken 
record  before  signing  it,  and  the  new  correct  inscription  shall  be 
recorded  immediately  following  the  erroneous  one. 

III. — These  services  incumbent  on  the  civil  state  of  persons 
shall  l)e  entirely  gratuitous,  and  a  table  of  rates  may  be  estai)lish- 
ed  to  exact  payment  only  for  those  acts  that  could  be  performed 
in  the  offices  of  the  Civil  Kegister,  but  which  take  place,  for  the 
greater  convenience  of  witnesses,  in  the  homes  of  those  interest- 
ed, at  their  request,  and  for  the  burial  in  privileged  plots  of  the 
public  cemeteries. 

IV. — The  officers  of  the  Civil  Kegister  shall  keep  a  duplicate 
of  their  books  in  which  there  shall  be  no  interruptions  between 
the  records.  Every  six  months  this  duplicate,  legalized  at  the 
bottom  of  the  last  entry,  together,  with  a  statement  of  the  num- 
ber of  pages  it  contains,  every  page  signed  on  the  margin,  shall 
be  sent  to  the  archives  of  the  government  of  the  State.  Like- 
wise and  furthermore,  they  shall  remit  a  notice  of  the  acts 
registered  in  a  month 

V. — All  the  acts  of  the  Civil  Kegister  shall  have  a  public  char- 
acter, and  nobody  shall  l)e  denied  the  inspection  of  the  records. 


VI, — The  reconis  of*  tlic  Register  will  he  the  only  proof  of  the 
civil  state  of  individuals,  and  will  he  considered  legal  in  the 
courts  unless  they  can  he  proved  to  he  forgeries. 

VII. — Civil  marriage  may  be  celebrated  by  one  man  with  only 
©ne  woman.  Bigamy  and  polygamy  being  crimes  punishable  by 
law, 

VIII. — The  will  of  the  contracting  pai'ties,  freely  expressed  in 
the  foi'm  that  the  law  shall  estal)lish,  constitutes  the  essence  of 
civil  marriage;  consequently,  the  law  shall  protect  the  utterance 
of  such  will  and  shall  pi-event  any  compulsion  against  it. 

IX. — Civil  marriage  nuiy  be  dissolved  only  by  the  death  of 
one  of  the  consorts;  but  the  law  may  pei'mit  temporary  separa- 
tion for  serious  reasons  which  shall  be  determined  by  the  leg- 
islature, this  separation  allowing  neither  consort  to  unite  in  wed- 
lock with  any  one  else. 

X. — Marriage  may  not  be  contracted  by  persons  who,  for  phys- 
ical unfitness,  cannot  fulfill  the  object  of  that  state;  or  by  those 
who,  because  of  moral  incapacity,  are  unable  to  express  their 
consent  to  it.  Marriages  performed  in  these  cases  shall  be  annul- 
led by  petition  of  one  of  the  contracting  parties. 

XI. — Kinship,  wiiether  natural  or  legal,  between  descendants 
and  ancestors  in  direct  line,  or  brothers,  or  step-brothers,  shall 
also  prohibit  their  intermarriage  and,  when  contracted  in  such 
cases,  shall  liullify  ir. 

XII. — All  cases  brought  by  mari-ied  couples  before  the  civil 
authorities  as  to  the  validity  or  nullity  of  marriage,  or  of 
divorce,  or  other  matters  pertaining  to  their  civil  state,  sh.all  be 
carried  on  as  the  law  may  determine;  and  any  resolutions  that 
may  be  dictated  by  the  ministers  of  any  cult  on  these  questions,, 
shall  have  no  legal  effect. 

XIII, — The  law  shall  not  impose  oi-  prescribe  religious  rites,, 
in  respect  to  marriage.  The  married  couples  are  free  to  receive 
or  not  the  blessings  of  the  ministers  of  their  religion,  which 
shall  have  no  legal  effect 

XIV. — All  cemeteries  and  places  of  burial  will  ])e  under  the 
immediate  inspection  of  the  civil  authorities  even  should  they  be 
private  enterprises.  No  establishment  of  the  kind  may  be  found 
without  license  from  the  authorities.  Burials  or  exhumations 
may  not  be  carried  on  without  permission  or  written  orders  of 
the  authorities. 

"x\rt.  24. — The  civil  state  of  a  person  registered  in  one  State 
or  District,  shall  be  recognized  in  all  the  others  of  the  Republic. 

SECTION    SIXTH. 

"Art.  25. — No  one  may  be  conqjelled  to  lend  his  personal 
services  without  his  full  consent  or  without  fair  retribution.  The 
lack  of  consent,  even  when  there  should  l)e  retribution,  con- 
stitutes an  attack  against  personal  liberty;  and  the  same  holds 
true  should  retribution  1)e  lacking  when  services  have  been  lent, 


with  tacit  or  expressed    co'nm^ill'j'Dn'cdftVtitibn  *bt**   forthcoming; 
retribiitioii 

"Art.  26. — The  State  cannot  admit  the  validity  of  any  contract^ 
pact  or  agreement,  by  virtue  of  which  a  rnan  may  impair,  lose  or 
irrevocably  sacrifice  his  liberty,  whether  by  reason  of  work,  of 
education,  or  of  religious  vows;  no  can  it  authorize  pacts  by 
which  a  man  agrees  to  his  proscription  or  exile.  All  the  con- 
tracts which  may  be  made  in  contravention  of  this  article  are  nulls 
and  void  and  oblige  those  who  accept  them  to  indemnify  the 
losses  and  injuries  caused. 

GENERAL    ORDERS. 

"Art.  27. — It  is  in  the  power  of  the  political  authoi-ities  of  the 
States  to  impose  the  sentences  of  which  this  law  treats.  These- 
same  authorities  shall  incur,  before  the  governor  of  the  State,  the 
double  of  these  penalties,  should  they  authorize  or  knowingly 
tolerate  any  infringement  of  the  laws.  The  GoA^ernors  of  the- 
States  are  responsible,  in  their  turn,  for  any  infractions  of  the 
present  law  or  oujmission  of  the  same  committed  by  them  or  by 
the  authorities  and  officials  subject  under  their  orders. 

"Art.  28. — Crimes  committed  against  sections  1,  2,  3  and  6  of 
this  law  are  punishable  by  the  federal  laws  and  are  under  the- 
jurisdiction  of  the  courts  of  the  Federation;  but  the  judges  of  the 
States  shall  try  them  in  all  places  where  there  is  no  District 
Judge;  carrying  these  cases  on  to  the  sentence  which  shall  be 
passed  by  the  District  Judge  to  wiiom  they  shall  be  sent.  The 
crimes  committed  against  sections  4  and  5  shall  be  tried  accord- 
ing to  the  usual  laws  by  the  empowered  authorities  in  each 
locality. 

"Art.  29. — The  Laws  of  Reform  are  recast  in  this  Law;  but,  as 
regards  the  Civil  Register,  the  Laws  of  Reform  shall  continue 
in  force  until  the  States  legislate  in  conformity  with  section  5. 
They  shall  also  continue  in  force  in  regard  to  the  nationalization 
and  alienation  of  ecclesiastical  property,  and  the  payment  of 
dowries  to  ex-nuns,  with  the  changes  hereby  made  to  art.  8  of 
the  law  of  the  25th.  of  June,  185(j.  Given  at  the  Palace  of  the 
Legislative  Power,  on  the  10th.  of  December,  1874. — Nicolas  Le- 
mus.  President  of  the  Chamber  of  Deputies.  Antonio  Gomez, 
Deputy  Secretary.  Luis  G.  Alvirez,  Deputy  Seer.  J.  V.  Villada, 
Deputy  Seer.     Alejandro  Prieto,  Deputy  Seer." 

Whereof  1  order  it  printed,  published,  circulate(^l  and  obeyed. 
Given  at  the  Palace  of  the  National  Government,  at  Mexico  City, 
on  the  14th.  of  Deceml)er,  1874. 

SEBASTIAN  LERDO  DE  TEJADA. 


—  29  — 


SECTION    OF    THE    CONSTITUTION    OF    THE    UNITED 

STATES   OF  MEXICO   RELATIVE   TO   THE   LAW 

OF    REFORM. 

Alt.  5— 

The  State  cannot  admit  the  validity  ot  any  contract,  pact  or 
agreement,  by  virtue  of  which  a  man  impairs,  loses  or  irrevocably 
sacrifices  his  lil)ei-ty,  whetlier  ))y  j-eason  of  work,  of  education,  or 
of  religious  vows. 

The  law,  consequeijtiy,  does  uot  recognize  monastic  orders, 
nor  can  it  permit  i:lieir  estal)lishment,  whatever  l)e  their  de- 
nomination, or  the  object  with  which  they  claim  to  be  formed. 
•  It  cannot  authorize  pacts  bv  which  a  man  agrees  to  his  proscrip- 
tion or  exile.       (Reform  of  the  19th  of  June,  1898) ! 

Art.  27.— 

Religious  corpoi-ations  or  institutions,  whatever  ))e  their  char- 
acter, denomination,  duration  or  purj^ose,  and  civil  institutions 
under  the  patronage,  direction  or  administration  of  the  former, 
or  of  ministers  of  any  sect,  will  not  have  legal  capacity  to  acquire 
ownership  or  administration  of  real  estate  other  than  that  of  the 
buildings  which  are  immediately  and  directly  destined  to  the 
service  or  object  of  said  corporations  and  institutions;  nor  will 
they  be  legally  authorized  to  acquire  the  ownership  or  admin- 
istration of  capital  invested  in  real  estate. 

Civil  corpoi-ations  and  institutions  which  are  not  comprised  in 
the  foregoing  case,  may  acquire  ownership  and  administration, 
not  onl}"  of  the  buildings  referred  to,  ))ut  of  all  real  estate  and, 
-capital  invested  in  same,  which  may  be  required  for  the  mainten- 
ance and  end  of  said  institutions,  but  subject  to  the  requisites  and 
limitations  which  federal  laws  mav  establish  through  the  Con- 
^•ess  of  the  rnion.    (Reform  of  the  14th  of  March,  1901). 


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